20100362 Ver 1_Approval Letter_20100826

3
Beverly Eaves Perdue
Governor
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
August 26, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
(Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed improvements to US 17 from the Jacksonville Bypass to
Drummer Kellum Road in Onslow County, Federal Aid Project No. STP-NHF- 17(3 1), State Project No.
8.126190 1, TIP U-4007.
NCDWQ Project No. 20100362 v.1
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 003835 issued to The North Carolina Department of Transportation
(NCDOT) dated August 26, 2010.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, Seen ?`/ H. Sullins
"" Director
Attachments
cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
H. Allen Pope, PE, Division 3 Engineer
Anneliese Westphal, Division 3 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, Division of Coastal Management
Mason Herndon, NCDWQ Fayetteville Regional Office
File Copy
Transportation Permitting Unit
1650 Mail service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:1m2o.em.state.nc.uslncwetlands/
NorthCarolina
Natmallrf
An Equal opportunity 1 Affirmative Acton Employer
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 8.26 acres of jurisdictional wetlands and
3,154 linear feet of jurisdictional streams in Onslow County associated with Sections A and B. The project shall be
constructed pursuant to the application dated received May 11, 2010 (revised May 28, 2010). No impacts to
Sections C or D are being authorized at this time. The authorized impacts are as described below:
Stream Impacts in the White Oak River Basin

Site

Location Permanent Fill

in Perennial
Stream
(linear ft) Temporary Fill

in Perennial
Stream
(linear ft) Permanent Fill

in Intermittent
Stream
(linear ft) Temporary Fill

in Intermittent
Stream
(linear ft)
Total Stream
Impact
(linear ft) Stream

Impacts
Requiring
Mitigation

U-0607A
I
1 1+70 Ramp A-RT 0 0 0 0 0 0
2 6+00-10+70-Ramp A- 680 0 0 0 680 680
2 ? 23+62-Lr 640 80 0 0 720 640
2 24+00-LrLT 0 0 0 0 0 0
3 6+00-14+95-Ramp 13- 0 0 0 0 0 0
4 17+88-19+15-L LT 0 0 0 0 0 0
5 28+13-32+61-L LT 0 0 0 0 0 0
6 32+57-35+26-L 420 0 0 0 420 420
7 39+00-45+00-Lr 0 0 0 0 0 0
8 55+83-58+00-L RT 0 0 0 0 0 0
9 58+50-L LT 0 0 0 0 0 0
10 66+00-LfLT 0 0 0 35 35 0
TOTAL: 1,740 80 0 35 1,855 1,740
II4007B.o.C+. °i
1 29+25-Y2- 290 0 0 0 290 290
2 23+60-27+59-Ramp 1B-LT 0 0 0 0 0 0
2 16+30-19+76-Ser-1 0 0 0 0 0 0
3 52+58-53+32-YIA SBL LT 0 0 0 0 0 0
3 23+85-25+70-Ramp IA- 0 0 0 0 0 0
3 14+00-15+50-L.oop IA- 0 0 0 0 0 0
3 47+73-48+82-SBL Ramp- 0 0 0 0 0 0
4 14+72-18+45-L- 301 0 0 0 301 301
5 12+43-Y4-LT 0 0 0 0 0 0
6 39+14-41+39-L- 260 0 0 0 260 260
7 57-11-62+05-Lf 326 0 0 0 326 326
8 i59+71-70+78-YIA SBL LT 0 0 0 0 0 0
9 23+00-24+41-Y4 0 0 122 0 122 0
TOTAL: 1,177 0 122 0 1,299 1,177
L -4007C N..>
TOTAL: 0 0 197 0 197 0
t
IY_4007D. 3:? _-.... _
r
TOTAL: 613 0 129 0 742 0
a. s:. `t.?? ??'„aPROJFCTTOTAL }ate ?'* ?.`f ?? z7»?? 4' x :i
PROJECT TOTAL: 3,530 80 448 35 4,093 2,917
* Impacts for Sections C and D are based on preliminary projections of impacts; design work has not been completed
Total Stream Impact for Project: 4,093 linear feet (3,154 linear feet for Sections A and B)
Wetland Impacts in the White Oak River Basin

Site Location
1
Wetland
Type* Fill

(permanent)

(ac} Fill

(temporary)

(ac)
Excavation
(ac) Mechanized

Clearing

(ac) Hand

Clearing

(ac) Total
Wetland
Impact

(ac) Impacts
Requiring
Mitigation

(ac)
V/A IE ',t e t3 ??
1 1+70 Ramp A-RT R <0.01 0 0 <0.01 0 0.00 0.00
2 6+00-10+70-Ramp A- R 0.28 0 0.08 0.16 0 0.52 0.52
2 23+62-U R 0 0 0 0.00 0 0.00 0.00
2 24+00-L-LT R 0.01 0 0 <0.01 0 0.01 0.01
3 6+00-14+95-Ram 13- NR 2.43 0 0 0.29 0 2.72 2.72
4 17+88-19+15 -LrLT NR 0.07 0 0 0.03 0 0.10 0.10
5 1 28+13-32+61-1_-LT R 0.28 0 0 0.11 0 0.39 0.39
6 32+57-35+264 R 0.15 0 0 0.01 0 0.16 0.16
7 j 39+00-45+00-L- R 1.32 0 0.01 0.19 0 1.52 1.52
8 55+83-58+00-LrRT NR 0.07 0 0 0.05 0 0,12 0.12
9 } 58+50-1rLT NR 0.01 0 0 0 0 0.01 0.01
10 66+00-1_rLT N/A 0 0 0 0 0 0 0
TOTAL: 4.62 0.00 0.09 0.84 0.00 5.55 5.55
IN, r
29+25-Y2- N/A 0 0 0 0 0 0 0
2 23+60-27+59-Ramp 1B-LT NR 0.11 0 0 0 0 0.11 0.11
2 j 16+30-19+76-Ser-I NR 0.24 0 0 0 0 0.24 0.24
3 52+58-53+32-YIA SBL.LT R 0.02 0 0 0.01 0 0.03 0.03
3 123+85-25+70 -Ramp IA- R 0.14 0 0 0.02 0 0.16 0.16
3 j 14+00-15+50-Loop IA- R 0.30 0 0 0.03 0 0.33 0.33.
3 147+73-48+82-SBL Ram 2- R 0.24 0 0 0.02 0 0.26 0.26
4 14+72-18+45-L, R 0.57 0 0 0.08 0 0.65 0.65
5 12-+-43-Y4-LT R <0.01 0 0 <0.01 0 0 0
6 39+14-41+39-1_- R 0.26 0 0 0.03 0 0.29 0,29
7 57-11-62+05-L R 0.33 0 0 0.04 0 0.37 0.37
8 69+71-70+78-YIA SBLLT NR 0.16 0 0 0 0 0.16 0.16
9 23+00-24+41-Y4- R 0.09 0 0 0.02 0 0.11 0.11
TOTAL: .2.46 0.00 0.00 0.25 0.00 2.71 2.71

t
r *.' 'a 1 S X94 r ra.
- - - F
' - 1....u .... ......e f .. .mac... t, .. _....._.... r.W....N .. ... -.,n-.. r. ,., t-
• f d
TOTAL: 0.24 0.00 0.00 0.00 0.00 0.24 0.00
3 : r•
v ..

?ao07
J i ... e , .. ..r .a ._}_.r.? .-.:.. ?.v ?_ , • Dr**?Z. .'3 trJ.: .+s "r?5k ki- `ex .e.?a?'?1 , ? a-LS\t •.-
TOTAL: 0.44 0.00 0.00 0.00 0.00 0.44 0.00
i Y 5 4kN ; ZFfz

?y tl t
,t r, i-.`?PR??PA:'1 TOTALS n ez r "<tl ?r $' rin:? kl .: sr> w ??t'¢ iI i ,:
1
PROJECT TOTAL: 7.76 0.00 0.09 1.09 0.00 8.94 8.26
* Wetland Type: R = Riparian; NR = Non-Riparian; NIA = Non-Applicable (no wetland impacts at site)
* * Sections C and D impacts are based on projected impacts; design work has not been completed
Total Wetland Impact for Project: 8.94 acres (8.26 acres for Sections A and B)
The application provides adequate assurance that the discharge of fill material into the waters of the White Oak
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received May 11,
2010 (revised May 28, 2010). Should your project change, you are required to notify the NCDWQ and submit a
new application. If the property is sold, the new owner must be given a copy of this Certification and approval
letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream
impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all
other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification
shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.
Conditions of Certification:
Project Specific Conditions
I. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff and applicable contractor representatives to ensure that the project
supervisor, essential staff, and contractors understand the potential issues with stream and pipe alignment at
permitted sites. NCDWQ staff shall be invited to the pre-construction meeting.
2. With exception of Site 1 on U-400713, placement of culverts and other structures in waters, streams, and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
4. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and
installed.
5. For streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
6. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species.
7. Compensatory mitigation for 2,917 linear feet of impact to streams is required at a 1:1 ratio. We understand
that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the
project. EEP has indicated in a letter dated August 16, 2010 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on
April 12, 2004.
8. Compensatory mitigation for impacts to 8.26acres wetlands (2.50, acres riparian; 5.76 acres non-riparian) is
required. Since Sections C and D are to be constructed post-year, the DWQ is not requiring mitigation for
potential impacts for these sections at this time. However, mitigation for these sections will need to be
provided in the application for modification.
We understand that you have chosen to perform compensatory mitigation for impacts to 5.76 acres non-
riparian wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has
agreed to implement the mitigation for the project. EEP has indicated in a letter dated August 16, 2010 that
they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22,
2003 and the Dual-Party MOA signed on April 12, 2004.
Impacts to 2.50 acres of riparian wetlands will be debited from the NCDOT's Clayhill Mitigation Site. The
site is located in Jones County in HUC 03020106, adjacent to the project HUC (03030001). Since no
riparian credits are available within HUC 03030001, it is DWQ policy to debit adjacent HUCs at a 3:1 ratio.
Mitigation for unavoidable impacts to wetlands for this project is summarized below:
Wetland Type Impact (acres) Ratio Credits Required Mitigation Source
Non-Riparian 5.76 2:1 11.52 EEP
Riparian 2.50 3:1 7.5 Clayhill Mitigation Site
TOTAL: 8.26 19.02
9. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff prior to diverting
water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank
stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated
buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap may be allowed
if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written
justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream
has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to
prevent fish kills.
10. For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means
appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into
streams. Mowing of existing vegetated buffers is strongly discouraged.
11. The permittee s hall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)] in areas
draining to HQ W waters. However, due to the size of the project, the NCDOT shall not be required to meet
15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat,
millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15
business days of ground disturbing activities to provide erosion control.
12. T all fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with appropriate seeding on disturbed soils within the riparian area and on disturbed steep
slopes with the following exception. Erosion control matting is not necessary if the area is contained by
perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer and limestone-free tank is allowable at
the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and
wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.
13. When final design plans are completed for U-4007 Sections C and D, a modification to the 401 Water Quality
Certification shall be submitted with five copies and fees to the NC Division of Water Quality. Final designs
shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and
other surface waters, and buffers. No construction activities that impact any wetlands, streams, surface
waters, or buffers located in U-4007 Sections C and D shall begin until after the permittee applies for, and
receives a written modification of the 401 Water Quality Certification from the NC Division of Water
Quality.
General Conditions
14. If concrete is u sed during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
15. Durin g the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers.
16. Heav y equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
17. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
19. The dime nsion, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
20. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
22. The Pe rmittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
23. Dischar ging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
24. The permittee a nd its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, NCDWQ may
reevaluate and modify this certification.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
27. The outside buf fer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
28. There shall be no excava tion from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
29. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
30. Sedi ment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
31. The issua nce of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
32. The Pe rmittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
33. A cop y of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager.
34. Upon co mpletion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 26th day of August 2010
DIVISION OF WATER QUALITY
11 coleen H. Sullins
Director
WQC No. 003835